Paternity and the Duty of Support

Abstract

The article analyzes the relationship between paternity and the duty of support, with the aim of defining, under the legislation then in force, which procedural avenues were appropriate for claiming support by legitimate children, adulterine children, and natural children who had not been legally recognized. It adopts a legal-doctrinal and jurisprudential methodology based on the interpretation of the Civil Code, Law No. 5.478/1968, Law No. 883/1949, the amendments introduced by the Divorce Law, and judicial precedents. It argues that the special support action requires prior proof of kinship or of the support obligation and is therefore suitable for legitimate children, recognized children, and other relatives already legally identified, but not for a natural child who has not been recognized, whose filiation depends on prior judicial investigation. The article also contends that an adulterine child, while the conjugal society of the alleged father remains undissolved, may seek support under seal of secrecy with incidental examination of paternity, whereas a natural child must first seek recognition of filiation through ordinary proceedings or combine the investigation and support claims in ordinary procedure. It concludes that the right to support derives from the kinship bond, but its procedural protection varies according to the status of filiation, making it necessary to respect evidentiary prerequisites and the proper procedural avenue in order to avoid unjust or technically inadequate decisions.